Collaborative Support Services (CSS/RTI) and Special Education Identification

 Response to Intervention is not designed to be a pre-referral process. It is not a model in which students must fail before interventions begin. Instead, it is a proactive, positive approach for supporting all learners, particularly those who are struggling. RtI meets learners where they are within the curriculum and accelerates their learning rates. Research has shown that when students are engaged in the curriculum on their instructional level, approximately 95 percent of them will respond positively without the need for intensive, specialized instruction.

Commissioner’s Rules, §89.1011:

Prior to referral, students experiencing difficulty shall be considered for all support services available to all students—tutorial; remedial; compensatory; response to scientific, research-based intervention; and other academic or behavior support services. If the student continues to experience difficulties in the general classroom after the provision of interventions, district personnel must refer the student for a full and individual evaluation.

 Within the federal requirements of special education eligibility ―exclusionary factors are also provided. A student will not be judged eligible for special education if one of these factors is identified as the primary reason for lack of progress:

 1.    Lack of appropriate instruction in reading or mathematics

Commissioner’s Rules, §89.1040:

Prior to and as part of the evaluation described in subparagraph (B) of this paragraph and 34 CFR, §§300.307-300.311, and in order to ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics, the following must be considered:

(i) data that demonstrates the child was provided appropriate instruction in reading (as described in 20 USC, §6368(3)), and/or mathematics within general education settings delivered by qualified personnel; and (ii) data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction.

  Special Education Referral Procedures

 19 TAC §89.1011. Referral for Full and Individual Initial Evaluation

Referral of students for a full and individual initial evaluation for possible special education services must be a part of the district's overall, general education referral or screening system. Prior to referral, students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial, remedial, compensatory, response to scientific, research-based intervention; and other academic or behavior support services. If the student continues to experience difficulty in the general classroom after the provision of interventions, district personnel must refer the student for a full and individual initial evaluation. This referral for a full and individual initial evaluation may be initiated by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student.

   1.    For children ages 3-5 who are not currently enrolled in Spring ISD (whose parents feel their child may have a disability) a screening will be set up by the PPCD Assessment Team.  Based upon the results of the screening the multi-disciplinary assessment team will determine if a formal evaluation is necessary. (see ‎Referral Process and Initial Evaluations procedures)

2.    For school age private school/home-school students who live within district boundaries parents have the right to request a full and individual evaluation. Forward requests to the Special Education Department Related Services Coordinator. (See Parent Request for Special Education Evaluation Procedures)

 TEC § 29.0041. Information and consent for certain psychological examinations or tests.

(a)  On request of a child's parent, before obtaining the parent's consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child's need for special education, a school district shall provide to the child's parent:

(1)  the name and type of the examination or test; and

(2)  an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child.

 (b)  If the district determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent under Subsection (a), the district shall provide the information described by Subsections (a) (1) and (2) to the child's parent regarding the additional examination or test and shall obtain additional consent for the examination or test.

 (c)  The time required for the district to provide information and seek consent under Subsection (b) may not be counted toward the 45 school days for completion of an evaluation under Section 29.004. If a parent does not give consent under Subsection (b) within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent's consent is considered denied. If, however, the public agency does not suspect that the child has a disability and denies the request for an initial evaluation, the public agency must provide written notice to the parents, consistent with §300.503(b) and section 615(c) (1) of the Act, which explains, among other things, why the public agency refuses to conduct an initial evaluation and the information that was used as the basis to make that decision (Federal Register, 2006, p. 46636).